Daily Republican., 1887-02-18

Gloss Of the Tsselmosy In the Case or
Ferris Oi1oe W. the ulsmond pesss
Irsn Oompany-summing Up for me
RlAsntlH.
Yestsrdsy afternoon's session Of the
eupssios Court convened at q o'Slock.
vith the chief jassice and aAeocissss on
the bench. Ths chief justios anaour+ e
that for the purpose Of accom- mods tinRl
the counssl snd sAvinG costs the court
had concluded that when this case wss|
finished 10 adjourn until next Wednes-
Day, when the 0ossAm case will bel
taken up.
The case OF Giles W. the Diamond
Stats Irsn Company WaA again taken
up, and tho examination Of uitnesses
in rebuttal resumed.
Thomas B. Blemming was sworn
ard testified that At the time Of the &C.
cident he resided on Lobdell street :,
South Wilmington. within sight Of the
mill. He was sitting ut his window
when the storm came up and did not
consider that She wind blew any harder
than usual. 1t blew and stormed
harder after the building fell than It
did before, but be did not know that
tho wind blew much harder than
usual In . summer storm.
Jacob Brown testified that ha resides
lon the Garsshee road, about half .
mile from the MILL. IN . south west dl.
rection. He remembers the day the
mill fell; he was loading hay and there
was little storm, but nothing extra
ordinary. He did not consider 1t any
more than . summer rain.
Hyatt Graham testifed that he lived
at HeAld street and Christians avenue,
at the time OF the accident; his houss
was about 20 or 100 yards from tho mill.
He Was sitting In the room back OF the
bar and remembered the storm, bat
there was pothing unusual sbont it.
Henry Holiday, colored, testified
the roof clesning ii off. He rumem-
bersd the storm, but 1t did not seem TO
| him anything moro than an ordinary
GUNNER rain. He bad on q straw hat
and II did not blow 1t of.
Daniel NcOlint0ck testified that he
WAS ct Hopton's blacksmith ahop when
the building fell. There Was shower
came up, but there wss nothing par.
ticular about It 10 sttrAot hts attention.
He was looking Ut the building when It
fell, and was positive there was but lit
tie wind at the time.
Thomas B. Smith testified that he
WAS Ut Mo0re's shipyArd, foot Of Fourth
street, In boAt, when the mill fell.
He observed the shower ~ be had the
sail raised, joining II. He lowered the
sail TO keep II from getting vet, but
there was mot wind enough to cause
him to take It down. He heard the
crash, and was afterwards told that the
mill had fallen.
Pusey A. Walton testified that ct ths
time the mill fell he was standing or
1.-The deck Of the steamer Sussie A. Nc
Gall, Ut tho foot OF Fourth street. HI
did not notice that the wind was blow
ing very hard when the building fell
lit commenced TO rain immediately
after wards, and the witness ran over Il
the fallen building.
De Haven Morris testified tha. be 4
! an iron manufacturer aud resides II
this city. He was on the deck Of tn
steamer MCCALL when the building fell
he could not recollect that there wa
, any wind or rain before the buildin
I fell, but there was eoms afterw ards.
Alfred Down ward testified that he
o carpenter, and was p. work nailin
brackets on the gable end near tn
s roof when 1t fell It rAined o LITTLE
Q but not enough to cause him to gu
81 work; there was little wind, probabl
enough to blow shaving, aud the wi
meas continued 1t his woik until b
went down among the timbeIs
oil John Q. Good win, another OF the car
2 penters who was at work on the build
. ing, testified that he remembered tn
q storm and that 1t was nothing mor
] than an ordinary summer shower.
q John Doordan testified that he live
. Vim South Wilmington en- Heald stree
I and resided theso when the mill fel
His house 10 about $50 feet nom th
r mill, and at the time OF the Acciden b
i: was in . sitting room immediatel
, back Of the bar room, the window .
which opens on the side OF the hous
!. toward New CASTLE. just previous I
g the fall of the mill the wiz d blew hi
:. shutter to, and he went into the ba
/ Iroom. He did not think the storm yer
o severe and was certain he had zee
e much harder storms within the pa
q Ave years.
ell Thomas B. Hizar was recalled an
d testified that be had examined Il
,ol building Of the Mslleable Iron CompAp
20 At the quest of counsel for the plail
y tiff, and gave very full description
10 how IL was constructed.
/. Edward q RIce Was recalled an
testified that he was the architect wi
designed the building for the Malleab
Iron Company, and that the wall Q
n Locust street is 127 feet long and
10 feet high; every 10 feet the Q are pila
d ters, and the windows are very hial
ID the wall from the ground to the bottol
ss of the windows Ia 13 inches thick, AZ
a. all the girders rest en- this wall.
,dI Paris H Mitchell testified that he
, a carpenter, contractor and builder an
or estimated for the carpenter and iro
,s work on the new mill for the iron cor
I'D pany. Mr.. Gray asked him in regar
10 to these estimates. but upon Mr.. LoI
Iobjecting, and the objecIion being su
d. tanned by the Court, he left the stan
ldi William r. Long was sworn, and tt
e. tilted that he is reporter employed {
the DAILY REPUBLICAN, and has bet
for the past six years. He remembert
the accident, but WAS not present uni
afterwards. He die not know of ar
c, other accident being caused by the wiz
on that day.
This was the last witness examine
81 and ct 4 4B O'Clock My. Bird commenc'
70 the summing up to the jury. He open'
10 by copgratulating the jury that the ca
y was 80 near an end, and said that
u, was fortunate In having been able
" ltry the case before such an iniellige
0I jury selected from o special panel
" forty eight men.
W He said that the case resolved itst
u. into three points which It Is the duty
the Jury to determine. "Was the bull
ing in design or constr uctlon def
Itive?"
at WAS Its fall duo to such defect?"
ne "If go. what damage is Ferris Gil
ne entitled TOT"
III He then proceeded to review the q
he dance w hicb had heen mrs aAnfed nm n